in the Interest of J.A.L., a Child ( 2004 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-03-545 CV ____________________

IN THE INTEREST OF J.A.L., A CHILD

---

On Appeal from the 253rd District Court Liberty County, Texas Trial Cause No. CV64291

---

MEMORANDUM OPINION ⁽¹⁾  

On January 6, 2004, appellee, the Texas Department of Protective and Regulatory Services, filed a motion to dismiss the appeal for want of prosecution. We abated the appeal for a hearing to determine whether the appellant was deprived of a free record due to ineffective assistance of counsel. The trial court found that the appellant was not indigent. We reinstated the appeal and set a due date for filing the record. The record was not filed by the March 2, 2004 due date, nor did the appellant respond to the appellee's motion to dismiss the appeal for want of prosecution. The appellant is not entitled to proceed without payment of costs. Tex. R. App. P. 20. There being no satisfactory explanation for the failure to timely file the record, the appellee's motion to dismiss is granted. The appeal is dismissed for want of prosecution. Tex. R. App. P. 37.3(b). Costs are assessed against appellant.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered March 18, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.